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113 N.C. 277

18 S.E 320

Stewart v. . Bardin

Supreme Court of North Carolina

Decided September 5, 1893

Supreme Court of North Carolina · decided 1893-09-05

Civil action, tried at March Term, 1893, of Pender Superior Court, before Winston, J, and a jury, to foreclose a mortgage given by the defendants to the plaintiff. The jury returned a verdict that defendant was indebted to plaintiff in the sum of $200 and interest, and judgment was rendered ordering a sale of the land.

Decided 1893-09-05

BuRwell, J.:

¶1 The mortgage which the plaintiffs seek to foreclose in this action has in it no power of sale, and provides that, after default, the mortgagee or his assigns may take possession of the mortgaged premises and receive the rents “until the rights of the parties shall be fully adjusted according to law.” We find nothing in this inconsistent with plaintiff's assertion of right to have the land sold under a *279 decree of foreclosure if the debt is not paid. It only incorporates in the deed, as an express stipulation between the parties, what the law, without its insertion therein, would have adjudged to be the mortgagee’s rights. The right to receive the rents after default is in nowise inconsistent with the asserted' right to have the land itself sold.

¶2 No Error.

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